Dirt & Rock Rentals, Inc. v. Irwin & Powell Construction, Inc.

WILHOIT, Judge.

This is an appeal from summary judgments dismissing claims asserted by the appellant Dirt & Rock Rentals, Inc., against the appellees, HFH, Inc., and United States Fidelity & Guaranty Company (USF & G). HFH was the owner of property being developed as Glenmary Subdivision, and contracted with a joint venture of Hughes Asphalt, Inc., and the appellee Irwin & Powell Construction, Inc., to construct improvements in the subdivision. Irwin & Powell executed lease agreements with the appellant whereby the appellant supplied heavy equipment and machinery for use on the subdivision as…